Advisory Opinions

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Related Information

In accordance with section 1128D (b) (5) (A) (v) of the Social Security Act and 42 CFR 1008.47 of our regulations, advisory opinions issued by the Office of Inspector General (OIG) are being made available to the general public through this OIG website. One purpose of the advisory opinion process is to provide meaningful advice on the application of the anti-kickback statute and other OIG sanction statutes in specific factual situations. Please note, however, that advisory opinions are binding and may legally be relied upon only by the requestor. Since each opinion will apply legal standards to a set of facts involving certain known persons who provide specific statements about key factual issues, no third parties are bound nor may they legally rely on these advisory opinions.

We have redacted specific information regarding the requestor and certain privileged, confidential or financial information associated with the individual or entity, unless otherwise specified by the requestor.

Current Regulations

Adobe® Acrobat® This link exits the Office of Inspector General Web site is required to read PDF files.

2008
The OIG Final Rule (73 FR 40982) (PDF) revising the procedural aspects for submitting payments for advisory opinion costs.
The OIG Interim Final Rule (73 FR 15937) (PDF) revising the procedural aspects for submitting payments for advisory opinion costs.
2001
The OIG Interim Final Rule (62 FR 7350) (PDF) and Revised Final Rule (63 FR 38311) (PDF) addressing the procedural aspects for submitting a request and obtaining a formal advisory opinion from the Office of Inspector General, can be found under the Authorities and Federal Register Notices section of this web site.

The full and current regulatory text in 42 CFR part 1008 This link exits the Office of Inspector General Web site is available at the Code of Federal Regulations Web site.

Information Regarding Preliminary Questions and
Supplementary Information for Obtaining OIG Advisory Opinions

Set forth below are the preliminary questions and supplementary information for addressing requests for OIG advisory opinions in accordance with section 1128D of the Social Security Act and 42 CFR 1008.18 of our regulations. A Federal Register notice published on March 21, 1997 (62 FR 13621) specifically solicited public comments on this information collection activity. The information collection requirements set forth in the interim final rule were subsequently approved by OMB in September, 1997 under control number 0990–0213.

Preliminary Checklist
12-4-01
Preliminary Checklist for Advisory Opinion Requests (revised June 1999): Updated checklist to reflect revised OIG final regulations on the Advisory Opinion Process (63 FR 38311; July 16, 1998)
Preliminary Questions
Recommended Preliminary Questions and Supplementary Information for Addressing Requests for OIG Advisory Opinions In Accordance With Section 1128D of the Social Security Act and 42 CFR Part 1008